# Cigars International Sued Famous Smoke Shop



## cigar_joel (May 16, 2006)

Sorry if this has been posted, didn't find it search.

It seems the two are in a suit against web page design.

*The Entertainment Litigation Reporter*
December 1, 2006

LENGTH: 364 words

HEADLINE: Alleged Copying of Cigar Web Site Sparks Infringement Suit

CASE-NAME: Copyrights Cigars Intl v. Famous Smoke Shop

BODY:
Cigars International Inc. v. Famous Smoke Shop Inc. et al.

A company that sells cigars online has sued a competitor in a Pennsylvania federal court for allegedly copying its Web site.

Cigars International Inc. v. Famous Smoke Shop Inc. et al., No. 06-CV-04752-SD, complaint filed (E.D. Pa. Oct. 20, 2006).

Claiming that the defendants copied its "Singles" Web site, Cigars International Inc. has sued Famous Smoke Shop Inc. in the U.S. District Court for the Eastern District of Pennsylvania. Also named as defendants are Famous Pennsylvania subsidiary, Famous Smoke Shop-PA Inc., and Arthur Zaretsky, president of both corporations.

The complaint states causes of action for copyright infringement, false designation of origin, false description and false representation, injury to business reputation, dilution, common-law unfair competition, and conversion.

According to the complaint, the plaintiff sells individual cigars through its Singles Web page, where customers can earn free cigars with each purchase. Each Web page has a copyright notice at the bottom, and the entire site is registered with the U.S. Copyright Office, the complaint claims.

"Defendants Famous Singles Web site includes several components which copy and misappropriate the look, feel and overall layout of plaintiffs distinctive Singles trade dress," the complaint says.

Further, Cigars International says, the source code to the defendants Web site includes 13 pages of code directly copied from the plaintiff's site, and includes the plaintiffs copyright notice, according to the complaint.

As a result, the company says, there is a risk that consumers will mistakenly believe the defendants products are associated with Cigars International.

The company claims that, prior to filing suit, it notified Zaretsky of the alleged infringement. According to the complaint, Zaretsky responded by saying, "I [would] rather that this email correspondence ends here, but thanks for your misguided opinions."

Cigars International claims that Famous conduct has caused it "substantial damages and irreparable injury" for which it seeks compensatory and injunctive relief.

LOAD-DATE: December 21, 2006 
Copyright 2006 Andrews Publications. Compilation and presentation of materials copyrighted by Baseline II, Inc.


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## drneves7 (Nov 21, 2006)

That is kind of intersting. Hmmmm.


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## Tapewormboy (Apr 18, 2006)

Wow, two big online vendors locking horns. 

The other thread about JR bashing on Rocky Patel makes it seem like there's a lot more conflict and politics in the business of cigars.


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## cigar_joel (May 16, 2006)

Tapewormboy said:


> Wow, two big online vendors locking horns.
> 
> The other thread about JR bashing on Rocky Patel makes it seem like there's a lot more conflict and politics in the business of cigars.


At least in the on-line cigar world.


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## azn_fury (Aug 27, 2006)

Blasphemy! lol Famous smoke is awesome. I would hate to see them take a huge loss from this law suit.


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## boonedoggle (Jun 23, 2006)

azn_fury said:


> Blasphemy! lol Famous smoke is awesome. I would hate to see them take a huge loss from this law suit.


concur...maybe whomever wins will give everyone free cigars!


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## cigar_joel (May 16, 2006)

boonedoggle said:


> concur...maybe whomever wins will give everyone free cigars!


I second that, free boxes for all!!!!!!


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## Cigar Jockey (Feb 12, 2006)

Sheesh, can't we all just get along and fire up a good cigar.:sb


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## cigar_joel (May 16, 2006)

Cigar Jockey said:


> Sheesh, can't we all just get along and fire up a good cigar.:sb


I'll second that as well!!!!!


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## Bubba -NJ (Dec 6, 2005)

I've used both auction sites and have seen no similarities whatsoever . The only similarities I've seen are that they both sell singles , samplers , 5 packs and full boxes , what would be the problem with that . Most every B&M sells the same way . I have bought more from Famous , I like the brands better .


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## Boston_Dude05 (Oct 10, 2006)

Strange, didn't think the two sites were similar at all. Have had good experiences with Famous.


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## Seanohue (Oct 2, 2006)

I don't see any similarities. Famous is a much more polished site than CI anyway, so to accuse them of stealing source code is dumb. Whatever the outcome, I hope no prices are raised.


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## stogeyman (Nov 19, 2006)

Have purchased from both, do not see any similarities between them. I like FSS much better.


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## Even Steven (Dec 15, 2006)

azn_fury said:


> Blasphemy! lol Famous smoke is awesome. I would hate to see them take a huge loss from this law suit.


I agree, Famous Smoke as never done me wrong. But if they did the crime, they must do the time.


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## punch (Mar 5, 2005)

Maybe we as consumers can do something to put an end to this. I get tired of all of the sueing BS over what amounts to be stupid stuff. If CI is loosing money to Famous, it has nothing to do with web design. I cannot see any similarity. I have purchased from CI before and was satisfied. I have never purchased from FSS. However, considering this current BS, I intend to boycott CI until they can grow up and get over this. From now on, I will try to get more familiar with FSS.


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## borndead1 (Oct 21, 2006)

punch said:


> Maybe we as consumers can do something to put an end to this. I get tired of all of the sueing BS over what amounts to be stupid stuff. If CI is loosing money to Famous, it has nothing to do with web design. I cannot see any similarity. I have purchased from CI before and was satisfied. I have never purchased from FSS. However, considering this current BS, I intend to boycott CI until they can grow up and get over this.


Does your boycott of CI include c-bid?


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## icehog3 (Feb 20, 2005)

borndead1 said:


> Does your boycott of CI include c-bid?


Wish I could boycott C-Bid...save me some money! :r


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## volfan (Jul 15, 2006)

It is not the websites per se, it is the portions of each website where you can buy 5 singles get the 6th one free and they are darn near identical. I have purchased from both sites and will continue to do so but the evidence is clear.

also this is not on the auction sites, only the singles portion of each website.

scottie


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## Malik23 (Sep 21, 2006)

I'm sorry, but this is absurd. The sites are similar, but not identical. I think CI should get hit with a contempt of court judgement for wasting taxpayer dollars with this drek.


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## dyj48 (May 1, 2006)

Well, it looks like the fight is on...Let's hope they resolve their differences before going bankrupt paying their attorneys...I think this will probably end up raising our prices for those sites..:tg


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## Digerati (Aug 4, 2006)

cigar_joel said:


> Further, Cigars International says, the source code to the defendants Web site includes 13 pages of code directly copied from the plaintiff's site, and includes the plaintiffs copyright notice, according to the complaint.


If the above information is accurate, then it doesn't really matter what the two sites look like. It's still copyright infringement.

FSS should have done their own programming or should pay CI for stealing theirs.


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## Da Klugs (Jan 8, 2005)

It's the Hatfields vs the McCoys. If you have never been to the Bethlehem PA area the physical locations of these folks are about a 15 minute drive apart. (Maybe 20). CI has a cool storefront in downtown. Famous is part of the warehouse out in the boonies (Easton). Like CI's store better (Brewpub next door) but Famous is cool in that anything they have they can go get from the warehouse, CI you get what's in the store.


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## azn_fury (Aug 27, 2006)

In case prices do go up due to the law suit we should all start buying lots of cigars so we don't get ripped off in the future lol.


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## RPB67 (Mar 26, 2005)

Heh.

Thanks for the info. Interesting.


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## kvaughan (Jul 11, 2006)

Bubba -NJ said:


> I've used both auction sites and have seen no similarities whatsoever .


The two pages in question are these

http://www.famous-smoke.com/cigars/include/Create-A-Sampler.cfm

http://www.cigarsinternational.com/cisingles.asp

The only similarity I see is the scrolling "shopping cart" on the right side of the page. Not much to sue some one on in my eyes...


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## burninator (Jul 11, 2006)

The material in question is source code. The portion that has allegedly been copied may not manifest itself in cosmetic similarities, but rather in functionality of the website itself.


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## ghost (Jun 8, 2006)

azn_fury said:


> In case prices do go up due to the law suit we should all start buying lots of cigars so we don't get ripped off in the future lol.


At least this could be used as an excuse to the wifes/girlfriends for purchasing more cigars now. :w

I have used both and am happy with them both but much prefer Famous Smoke. For some reason I am skeptical at the storage practices of CI Cbid.


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## beezer (Aug 29, 2006)

My 2 favorite local B&M's. You just don't realize until it hits this close to home :al


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## Tristan (Jul 11, 2006)

I like both sites; this lawsuit doesn't really effect my opinion. I think Famous' shipping is a bit nicer (packing, etc.) and both have slightly different selections. I'll continue to buy from both unless there is a sharp change in price from one over the other.


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## punch (Mar 5, 2005)

borndead1 said:


> Does your boycott of CI include c-bid?


This may shock you, but I have never purchased from c-bid. So, I guess I could say Yes.


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## Golfman (Jul 13, 2006)

i dont think that Famous has done irreperable damage to to cigars international. That reason for sueing is pretty crappy


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## DriftyGypsy (May 24, 2006)

Golfman said:


> i dont think that Famous has done irreperable damage to to cigars international. That reason for sueing is pretty crappy


Actually the reason is not crappy, if they do not sue each and every time someone steals or appears to steal their code they will lose the rights to the code and lose their copyright. That code cost them money, it is not something that was thrown up using frontpage, they also have it copyrighted. That means it belongs to them. Now, that being said, I actully prefer Famous to CI and will probably continue to spend money at both places depending on what I want.


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## skates (Jan 8, 2006)

DriftyGypsy said:


> Actually the reason is not crappy, if they do not sue each and every time someone steals or appears to steal their code they will lose the rights to the code and lose their copyright. That code cost them money, it is not something that was thrown up using frontpage, they also have it copyrighted. That means it belongs to them. Now, that being said, I actully prefer Famous to CI and will probably continue to spend money at both places depending on what I want.


I want to thank all of you who have posted kind comments about my company, FSS. In fact, one of your members sent me a personal email expressing his opinion about the other company.

If you are familiar with the open source movement, code is free and cannot be licensed. The code in question is open source code. Of course, this will be up to the court to decide. It's the embers of a defunct industry combined with moral laxity.

I want to say that I appreciate the comments and support that I have encountered here. I will now visit the forum more often and contribute from time to time.

Just to alert some of you guys about price rises coming up.

1. Arturo Fuente
2. Montesino
3. Hemingway
4. Don Carlos
5. Opus X
6. Avo(all flavors)
7. The Grifin
8 Oliva Serie G
9. Flor De Oliva(selected Sizes)
10. Cuesta Rey
11. Davidoff(all )

Also I hear General Cigar will be raising prices shortly as well, which probably means that Altadis will follow suit.

I will be on a buting trip next week to Honduras and Nicaragua and will be developing some great new products. Will see what the Daniel Ortega regime will mean for prices in Nicaragua.

Until then thanks for your kind and intelligent comments about Famous Smoke Shop.


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## moose14 (Aug 25, 2006)

skates said:


> I want to thank all of you who have posted kind comments about my company, FSS. In fact, one of your members sent me a personal email expressing his opinion about the other company.
> 
> If you are familiar with the open source movement, code is free and cannot be licensed. The code in question is open source code. Of course, this will be up to the court to decide. It's the embers of a defunct industry combined with moral laxity.
> 
> ...


Now this is why I only do my buying from FSS.
Thank you for your input.


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## Thurm15 (Jan 28, 2005)

skates said:


> I want to thank all of you who have posted kind comments about my company, FSS. In fact, one of your members sent me a personal email expressing his opinion about the other company.
> 
> If you are familiar with the open source movement, code is free and cannot be licensed. The code in question is open source code. Of course, this will be up to the court to decide. It's the embers of a defunct industry combined with moral laxity.
> 
> ...


Welcome to CS! Now how about getting more of those Famous 3000's in stock!!


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## skates (Jan 8, 2006)

Thurm15 said:


> Welcome to CS! Now how about getting more of those Famous 3000's in stock!!


That's one of the reasons for my trip next week. It will be horrible, I'll have to smoke one cigar after the other.


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## ikwanjin (Dec 28, 2006)

I wrote a comment to them when I made an order. =)

EVERYONE BOYCOTT CI~!!


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## burninator (Jul 11, 2006)

ikwanjin said:


> I wrote a comment to them when I made an order. =)
> 
> EVERYONE BOYCOTT CI~!!


That seems unnecessary.


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## skates (Jan 8, 2006)

Update:

Famous Smoke Shop and Cigars International have reached an amicable resolution of the lawsuit between them. CI has dismissed its copyright infringement claims against Famous, and Famous has dismissed its cybersquatting claims again CI. Famous acknowledges responsibility for certain of its actions that led to CI's claim and regrets any violations of law that may have occurred.


Arthur Zaretsky, Pres.
Famous Smoke Shop
May 15, 2007

(moderator, please allow this post to remain on the forum for 60 days)


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## sonick (Jan 30, 2007)

Translated: CI came to their senses. SCO couldn't do it, CI realized they would be pissing away money and credibility.


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## Studebaker (Jan 29, 2007)

I missed this thread until today. I'm glad they settled as it seemed to me nothing more than a tempest in a teapot. 

The resulting damage CI claimed, "a risk that consumers will mistakenly believe the defendants products are associated with Cigars International," doesn't wash with me. I've been to both sites and I was never confused as to whose site I was on. It never crossed my mind that one could be associated with the other. I also didn't give a rat's rear-end if they looked alike...not that I even noticed.


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## borndead1 (Oct 21, 2006)

THREADJACK

Hey Arthur, what's up with the price increase on the Famous Nicaraguan 3000? :tg


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## skates (Jan 8, 2006)

We bought the original blend as a closeout, and passed the savings along to our customers. When the original blend was sold out, we had many requests from our customers to continue the line. When we negotiated with the manufacturer to replicate the blend, we had to pay a higher price for the premium wrapper. Consequently, we did have to increase the price a bit, but the increase was still less than what WE were increased, so we're still trying to offer it at a great deal.

We think this is an awesome cigar to offer at a bundle price of under 50 bucks for any size. They're selling very well, so it seems our customers agree.



borndead1 said:


> THREADJACK
> Hey Arthur, what's up with the price increase on the Famous Nicaraguan 3000? :tg


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## Azo (Dec 29, 2006)

I've been involved in many similar law suits. At least the copyright claim seemed to have some basis. Property is property, and is protected from misappropriation -- even if its intellectual property. 

It is common when filing a complaint to add additional violations, although they may not be maintained to trial if they are not sufficiently substantiated during discovery.

Just as happened here, most suits like this end with the parties reaching a settlement. 

I wouldn't think less of either company. Its just business. It seems that both companies acted reasonably and settled quickly.


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## Coffee Grounds (Feb 14, 2007)

They were fighting over the code.
It was probley a legit law suite if the Famous straight up copied the code.

I really think these online venders have exploded with business in the last couple of years. When small companies like these become big that have to change the way they do biz. 

The other issue is I don't think either one of these companies need to bring public attention to themselves. They really do not want politicians looking at the loss of tobacco tax revenues that are occuring.


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## Benjy (Apr 25, 2007)

Bubba -NJ said:


> I've used both auction sites and have seen no similarities whatsoever .


I'm familiar with cigarbid; what's Famous Smoke Shop's auction site?


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## rlacapra1 (Mar 30, 2007)

i have had good products and service from both vendors.

i hadnt realized how competitive the online cigar retail business is...until now.


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## Scimmia (Sep 22, 2006)

Benjy said:


> I'm familiar with cigarbid; what's Famous Smoke Shop's auction site?


www.cigarauctioneer.com

I don't use it much, I find the format pretty hard to get around in.


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## Benjy (Apr 25, 2007)

Thanks Scimmia...I'll check it out.

PS - My girlfriend is gonna be *pissed* at you.


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## Greenwit (Sep 15, 2005)

Ha! I visit both with great frequency (and buy mostly from Famous).....and checking again there ain't any notable similarities between the two. But code is code, eh? Whatever. Customer service is superb with the Famous guys.......I've had a few issues with CBid, though, in fairness, they could be different operations.


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